Ferdino Inacio Rebello, C.J. and Vikram Nath, J. - (1.) THIS is an appeal against the order dated 24.6.2011 passed by the learned Single Judge refusing to grant interim relief against the order dated 8.6.2011 whereby the appellant -petitioner (hereinafter referred to as the appellant) has been disqualified from holding the post of Pradhan to which he has been elected.
(2.) THE appellant has purportedly been removed on the ground that on the date he contested the election, he was less than 21 years of age. Respondent No. 5 is the husband of the defeated candidate who has filed election petition in which this ground has also been raised. At the hearing of this appeal, on behalf of the appellant, Learned Counsel draws our attention to Article 243 -0(b) of the Constitution of India, which reads as under: 243 -0. Bar to interference by Courts in electoral matters. - -Notwithstanding anything in this Constitution, - - (a)......... (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State. It is submitted based on the aforesaid provision that if the disqualification was at the time the appellant contested the election or in the course of the contest, the only remedy would be by way of an election petition. Section 12 -C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act) provides for filing an Election Petition.
(3.) IN the instant case, the defeated candidate has taken recourse to this remedy and the matter is alive before the Election Commission. It is submitted that insofar as the electoral roll is concerned, the appellant is shown as duly qualified in terms of age for contesting the election. His nomination paper was accepted after rejecting the very objection raised before the Collector.;